eLaws of Florida

  SECTION 738.603. Liquidating asset.  


Latest version.
  • 1(1) 2For purposes of this section, the term “liquidating asset” means an asset the value of which will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments for more than 1 year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to s. 81738.602, 82resources subject to s. 86738.604, 87timber subject to s. 91738.605, 92an activity subject to s. 97738.607, 98an asset subject to s. 103738.608, 104or any asset for which the fiduciary establishes a reserve for depreciation under s. 118738.703119.
    120(2) 121A fiduciary shall allocate to income 5 percent of the receipts from the carrying value of a liquidating asset and the balance to principal. Amounts allocated to principal shall reduce the carrying value of the liquidating asset, but not below zero. Amounts received in excess of the remaining carrying value must be allocated to principal.
History.-s. 1, ch. 2002-42; s. 21, ch. 2012-49.

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